Digital Privacy in Kenya: Navigating Image Rights and Legal Protections

In this episode of “The Friendly Troll,” host Calvin Mulindwa delves into the intricacies of image rights in Kenya, focusing on their legal basis and real-world implications. The episode explores what image rights entail, including the right to control the use of one’s likeness in public and commercial domains. Calvin discusses key legislation such as the Kenyan Data Protection Act of 2019 and Article 31 of the Constitution, highlighting their role in protecting personal privacy.

Through landmark cases like Wangechi Waweru Mwende v Tecno Mobile Limited and Jessica Clarise Wanjiru v Davinci Aesthetics, the episode illustrates how the courts have addressed violations of these rights, emphasizing the importance of explicit consent and the lawful use of personal images. The discussion also provides practical advice for individuals and data controllers and processors on respecting and securing image rights in digital and commercial settings.

Complaints Listed:

  1. Phyllis Nyaboke v Grola Tech Limited T/A Lion Cash – Violation for not obtaining direct consent.
  2. Brian Wainaina and Gathoni Mattai v Deltech Capital Kenya Limited T/A Mykes – Failure to properly inform about data use, leading to privacy infringement.
  3. Edith Andeso v Olerai Schools Limited – Issues regarding ongoing consent management for marketing purposes.
  4. Christine Wairimu Muturi v Roma School Uthiru – Requirement for explicit parental consent for processing minors’ data.

Laws Quoted:

  • Article 31. Constitution of Kenya
  • Data Protection Act of 2019.
  • Kenyan Court Decision: Wangechi Waweru Mwende v Tecno Mobile Limited [2020]

Image Rights – Release Form Information Pack 

Intro/Outro  –